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Adv Keches Shilwante (Partner @ Legal Biceps)     29 July 2019

Cheque bounce case, accused name incorrect

Hello Expert

In Cheque Bounce Case, Accused is acquittal by Magistrate of First class because accused name was incorrect. 
Accused Name is Pxxpxxxl Grxxxty but in notice as well as in complaint filed before Magistrate it is mentioned as Pxxpxxxl Grxxxty Ltd.

Please suggest the remedy.


 3 Replies

Archana Pandey   08 February 2022

Dear Concern, 

This case can be instituted again since it has not been dismissed due to technical issue. Although, Res judicata cannot apply here as Res judicata means when the case has already been decided by other competent court and it's principal says no such Court can take such case which are already decided and heard satisfactorily and judgement has also been given by the Court at the end. 

Anaita Vas   09 February 2022

Dear Archana, could you elaborate a little more?

Archana Pandey   09 February 2022

Dear Anaita, 

I explained by mistakenly reverse on above. Correct is that it has been dismissed on technical grounds. Res judicata is only applicable when the case is dismissed on merits. So one can take help of Resjudicata as this case has not sorted satisfactorily previously.

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